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HomeMy WebLinkAboutCOUNCIL MINUTES 2001-02-07 32761 MINUTES OF THE ONE THOUSAND FOUR HUNDRED THIRTY-FOURTH REGULAR MEETING OF FEBRUARY 7, 2001 On February 7, 2001, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by the President of the Council at 8 00 p m Councilmember Engebretson delivered the invocation Roll was called with the following result: Jack Engebretson, Val I Vandersloot, John Walsh, John Pastor, Brian Duggan, Joe Laura, and Maureen Miller Brosnan Absent: None Elected and appointed officials present Jack E Kirksey, Mayor; Robert Schron, City Engineer; Mark Taormina, City Planner; Sean Kavanagh, City Attorney; Joan McCotter, City Clerk, Linda McCann, Director of Community Resources, Ron Reinke, Superintendent of Parks and Recreation, Jim Zoumbaris, Superintendent of Public Service, Alan Brandemihl, Fire Chief; Karen Szymula, Director of Legislative Affairs, Lt. Richard Cramb, Police Dept., Sue Daniel, Historical Commission, and Ian Wilshaw, Traffic Commission On a motion by Vandersloot, seconded by Walsh, it was CR 49-01 RESOLVED, that the minutes of the 1 ,433rd Regular Meeting of the Council held January 24, 2001 are hereby approved as submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Laura and Brosnan NAYS None PRESENT Duggan The President declared the foregoing resolution duly adopted Boy Scout Troop #647 and their Scout Master, Jasper Linsey, from Hartford Memorial Baptist Church, were acknowledged and welcomed to the Council Meeting 32762 Councilmember Duggan wished Councilmember Pastor a "Happy Birthday" that he celebrated on Saturday, February 3 Councilmember Laura congratulated Councilmember Duggan on a very successful and enjoyable "First Step" Dance that he was instrumental in arranging During audience communication, Mark Tamer, 19025 Westmore, Livonia, 48152, spoke to the Council stating that he wants a wall between his property and Allen Animal Hospital, 19066 Farmington Road, instead of the existing greenbelt. On a motion by Laura, seconded by Duggan and unanimously adopted, it was CR 50-01 RESOLVED, the Council does hereby refer the subject of the status of the Zoning Board of Appeals case relative to the wall bearings at Allen Animal Hospital located at 19066 Farmington Road to the Mayor for a report and recommendation On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 51-01 RESOLVED, that the Council does hereby refer the subject matter of water encroachment from Allen Animal Hospital, located at 19066 Farmington Road, to neighboring properties, as well as the fence on the north side of the animal hospital property, adjacent to the alley, to the Engineering Department for a report and recommendation A communication from the Public Service Division, dated January 30, 2001, re requesting authorization to sell 5 City vehicles through the auction process, was received and placed on file for the information of the Council (Agenda Item #13) On a motion by Duggan, seconded by Pastor, it was CR 52-01 RESOLVED, that having considered a letter from Sue Mahoney, Chairperson for the Clarenceville Athletic Booster Club, received in the Office of the City Clerk on January 11, 2001, which requests permission to display wire signs announcing the Clarenceville Athletic Booster Club "Touch of Spring" Arts and Craft Show to be held on Saturday, March 31, 2001 , which signs are to be 14" x 22" in size and which will be displayed from Saturday, March 24, 2001, through Monday, April 2, 2001, at all major intersections in the City, the Council does hereby grant and approve this request in the manner and form herein submitted 32763 CR 53-01 RESOLVED, that having considered a letter from Jennifer R. Boros, Chairperson, representing Sacred Heart Byzantine Catholic Church, dated January 20, 2001, which requests permission to display two banners, which are to be 3' x 7' in size and located in front of the church, and 20" x 20" signs announcing the Sacred Heart Mom-to-Mom Sale to be conducted on Saturday, March 31, 2001, which signs shall be installed on Friday, March 23, 2001, at the following intersections Inkster Road Northwest and Southwest corners of Five Mile Road Northwest and Southwest corners of Six Mile Road Northwest corner of Lyndon Street Middlebelt Road Southwest and Southeast corners of Eight Mile Road Northwest and Southeast corners of St. Martins Northeast, Southwest and Southeast corners of Seven Mile Road Northwest, Northeast, Southwest and Southeast corners of Six Mile Road Northwest, Northeast, Southwest and Southeast corners of Five Mile Road Northwest and Southeast corners of Lyndon Street Merriman Road Northeast and Southeast corners of Five Mile Road Northwest and Southeast corners of Lyndon Street and all signs shall be removed no later than Sunday, April 1, 2001, the Council does hereby grant and approve this request in the manner and form herein submitted CR 54-01 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated January 10, 2001, the Council does hereby consent to and confirm the reappointment of Mr Mark R. Thomas, 33714 Norfolk, Livonia, Michigan 48152, to the Board of Review for a term of three years commencing February 17, 2001, and expiring February 16, 2004 CR 55-01 RESOLVED, that having considered a communication from the Mayor, dated January 22, 2001, wherein he has requested approval of the appointment of Mr Steve King, 15517 Surrey, Livonia, Michigan 48154, to the Local Officers Compensation Commission to fill a vacancy for a term expiring April 2, 2006, pursuant to Section 2 48 020 of the Livonia Code of Ordinances, as amended, and Act No 197 of the Public 32764 Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such appointment, provided that Mr King takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. CR 56-01 WHEREAS, there exists in and for the City of Livonia, County of Wayne, State of Michigan (the "City"), need to acquire, construct, furnish and equip a new Community Recreation Center, together with additions and renovations to the Eddie Edgar Ice Arena and additions and renovations to the existing Senior Citizen Center, together with site and parking improvements including all appurtenances and attachments relating thereto (the "Project"), and WHEREAS, this City Council does hereby again determine that it is necessary for the public health, safety and welfare of the City to construct the Project for the use of the City; and WHEREAS, Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended ("Act 31"), provides through the procedures of building authority financing a means for the acquisition, construction and financing of the Project, and WHEREAS, the City, in accordance with the provisions of Act 31, has adopted Articles of Incorporation and has established the Municipal Building Authority of Livonia (the "Authority"), with full powers to acquire and construct the Project; and WHEREAS, This City Council again determines it to be in the best interest of the City to acquire, construct and finance the Project through the Authority in accordance with the provisions of Act 31, and WHEREAS, a Limited Tax Full Faith and Credit General Obligation Contract of Lease (the "Contract") in the amount of not to exceed Forty Million Dollars ($40,000,000) between the City and the Authority for the purpose of the acquisition and construction of the Project was prepared and approved by both the City and the Authority; and WHEREAS, pursuant to the Contract, the Authority issued its $3,000,000 2000 Building Authority Bonds to pay certain of the costs of acquiring, constructing, furnishing and equipping the Project; and WHEREAS, a Limited Tax Full Faith and Credit General Obligation Contract of Lease Supplement (the "Supplement") between the City and the Authority providing for the completion of the acquisition and construction of the Project and such matters as are deemed necessary thereto has been prepared, and 32765 NOW, THEREFORE, BE IT RESOLVED THAT 1 The City Council hereby again determines it to be necessary for the public health, safety and welfare of the City to complete the acquisition and construction of the Project for the use of the City 2 The City Council deems it to be in the best interest of the City to finance the remaining cost of the Project through the Authority in accordance with the provisions of Act 31, in the amount of Thirty Three Million Five Hundred Thousand Dollars ($33,500,000). 3 The City Council hereby approves the Contract Supplement for the completion of the acquisition, construction and financing of the Project, as hereto attached 4 The Mayor and the City Clerk of the City are authorized to execute immediately and deliver to the Authority the Contract Supplement approved by this resolution The Contract Supplement is effective immediately pursuant to law since the statutory referendum period has passed with respect to the Contract with no valid petition for referendum being filed with the City Clerk, after publication of the Notice of Intent by the City Clerk. 5 The City Council does hereby ratify and confirm its covenant in the Contract and this Contract Supplement to levy ad valorem taxes against all taxable property in the City to the extent necessary to meet the obligations of the City thereunder in the event revenues from other sources are insufficient for any reason whatsoever Any such taxes levied to pay the Cash Rentals under the Contract and this Contract Supplement shall be limited as to rate or amount in the manner provided by law 6 The City hereby covenants to take all action within its control to the extent permitted by law necessary to maintain the exclusion of the interest on the bonds described in the Contract from gross income for federal income tax purposes under the Internal Revenue Code of 1986, as amended (the "Code"), including but not limited to, actions relating to the rebate of arbitrage earnings and the expenditure and investment of proceeds of the bonds and moneys deemed to be proceeds of the bonds 7 The Mayor, the Finance Director and the City Clerk each is hereby authorized and directed to execute and deliver such documents, instruments and certificates, including without limitation documents, 32766 instruments and certificates necessary or desirable to satisfy the requirements of the Code in relation to arbitrage and rebate 8 The Mayor, the Finance Director and the City Clerk each is hereby authorized and directed, on behalf of the City and in accordance with the City Charter, to take any and all actions, perform any and all acts and execute any and all contracts, applications and other documents as shall be required, necessary or desirable to effect the proper public or private sale, execution and delivery of the Bonds and to implement the Contract Supplement, including, but not limited to applying for prior approval of the Bonds or an exception therefrom, if available, from the Michigan Department of Treasury (the "Department") and making any other filings for waivers or otherwise with the Department respecting the Bonds, applying for ratings on the Bonds and consulting with rating agencies in connection therewith, causing a preiiminary and final official statement with respect to the Bonds to be prepared, and making any further declarations of intent to reimburse expenditures made from funds of the City from proceeds of the obligations described in the preamble to this resolution 9 The City hereby agrees to enter into an undertaking for the benefit of the holders and beneficial owners of the Bonds pursuant to Rule 15c2-12 of the US Securities and Exchange Commission and the Mayor, the Finance Director and the City Clerk are each hereby authorized to execute such undertaking prior to delivery of the Bonds 10 All resolutions and parts of resolutions insofar as the same conflict with the provisions of this resolution be and the same hereby are rescinded LIMITED TAX FULL FAITH AND CREDIT GENERAL OBLIGATION CONTRACT OF LEASE SUPPLEMENT MADE AND EXECUTED as of this 7th day of February, 2001 by and between the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation organized and existing under the authority of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "AUTHORITY"), and the CITY OF LIVONIA, a Michigan municipal corporation organized and existing under the Constitution and laws of the State of Michigan (the "CITY"), WITNESSETH 32767 WHEREAS, the AUTHORITY has been incorporated under and in pursuance of the provisions of Act 31, Public Acts of Michigan, 1948 (First Extra Session), as amended (the "Act"), for the purposes set forth in its Articles of Incorporation, and WHEREAS, the CITY desired to acquire, construct, furnish and equip a new Community Recreation Center, together with additions and renovations to the Eddie Edgar Ice Arena and additions and renovations to the existing Senior Citizen Center together with site and parking improvements, including all appurtenances and attachments relating thereto, all as described in plans therefore and made a part hereof (herein sometimes called the "Project"), and the AUTHORITY was willing to acquire the Project and lease the same to the CITY, and WHEREAS, the sites of the Project and buildings and improvements thereon (collectively, the "Site"), have been transferred to and acquired by the AUTHORITY pursuant to a Limited Tax Full Faith and Credit General Obligation Contract of Lease, dated as of August 16, 2000 (the "Contract"), and WHEREAS, the referendum period with respect to the Contract passed with no Petition for Referendum being filed with the City Clerk and the Authority subsequently issued its $3,000,000 2000 Building Authority Bonds, dated as of October 1, 2000 (the "Series 2000 Bonds") to pay part of the cost of the Project; WHEREAS, the acquisition of the Project by the AUTHORITY for use by the CITY is necessary for the public health, safety and welfare of the CITY, and the use of the AUTHORITY to accomplish such acquisition represents the most practical means to that end at the lowest cost to the CITY, and WHEREAS, the completion of the remaining cost of the Project is estimated to be in the sum of Thirty Three Million Five Hundred Thousand Dollars ($33,500,000), which will include architects' fees, legal and financing costs and contingencies, and WHEREAS, the CITY and the AUTHORITY have determined that the remaining cost of the Project should be paid by the authorization and issuance of bonds by the AUTHORITY in anticipation of the limited tax full faith and credit general obligation contractual commitments of the CITY under the Contract and this Contract Supplement, pursuant to the provisions of the Act, in the principal amount of Thirty Three Million Five Hundred Thousand Dollars ($33,500,000), and WHEREAS, the CITY and the AUTHORITY desire to enter into this Contract Supplement to complete the acquisition and leasing of the Project; and WHEREAS, Section 1 of the Contract provides that "The CITY and the AUTHORITY further agree that each time additional bonds are issued to pay part of the costs of the Project by the AUTHORITY, the CITY and the AUTHORITY will enter into specific Supplements to this Contract, with Supplements shall state the amount of the 32768 series of bonds then being issued and the specific maturity schedule of such series of bonds", and WHEREAS, as a prerequisite to the authorization and issuance of the Series 2000 Bonds, as well as the Bonds, it was necessary for the parties hereto to enter into the Contract whereby the AUTHORITY leased the Project and Site to the CITY and the CITY leased the same from the AUTHORITY for a period extending beyond the last maturity date of the Series 2000 Bonds and the Bonds, but not to exceed a period of fifty (50) years, and WHEREAS, the Contract was executed by the CITY pursuant to a resolution of the City Council of the CITY adopted on August 16, 2000 and became effective when the statutory referendum period passed with no valid petition for referendum was filed within the applicable period, and WHEREAS, this Contract Supplement has been executed by the CITY pursuant to a Resolution of the City Council adopted on February 7, 2001 and is immediately effective since the referendum period has previously passed with respect to the Contract; and WHEREAS, the City desires to have the Authority issue bonds pursuant to the Contract and this Contract Supplement in an amount of Thirty Three Million Five Hundred Thousand Dollars ($33,500,000) as a second series of bonds of the total authorization of not to exceed Forty Million Dollars ($40,000,000) IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES HERETO, for and in consideration of the agreement and covenants of each other and moneys to be paid out to the other, as follows 1 As a Supplement to the Contract, the CITY and the AUTHORITY hereby agree to have bonds issued pursuant to this Contract Supplement in an amount of Thirty Three Million Five Hundred Thousand Dollars ($33,500,000) The CITY and the AUTHORITY further agree that the AUTHORITY will issue bonds in anticipation of the CITY's obligations hereunder in the amount of Thirty Three Million Five Hundred Thousand Dollars ($33,500,000) as a second and final series of the Bonds (the "Bonds") for the purpose of paying the remaining part of the cost of the Project. 2 (a) The CITY has, pursuant to the Contract, caused to be conveyed and transferred to the AUTHORITY, by deed, such rights in that portion of the Site described in the preamble hereto as to permit free and unrestricted use thereof by the AUTHORITY to acquire the Project to be acquired and constructed, and (b) The AUTHORITY will enter into a final contract or contracts providing for a maximum price for the acquisition and construction of that portion of the Project being constructed with the Bonds and shall proceed to cause that portion of the Project to be acquired, constructed and equipped in accordance with plans prepared by 32769 the architects, to be submitted by the AUTHORITY to the CITY and approved by the CITY 3 In consideration of the rentals and other terms and conditions herein specified, the AUTHORITY does hereby affirm the letting and leasing of the Project and the Site to the CITY and the CITY does hereby affirm the letting and leasing of the Project and the Site from the AUTHORITY, TO HAVE AND TO HOLD for a term commencing on the date possession of the same was delivered hereunder pursuant to Section 14 of the Contract and ending on a day fifty (50) years from the date hereof, or such lesser period as may be authorized by the provisions of the Contract and this Contract Supplement. 4 The CITY hereby covenants and agrees to pay to the AUTHORITY cash rentals for the use of the Project (hereinafter referred to as "Cash Rental" or "Cash Rentals") in amounts based upon the AUTHORITY's debt service requirements on the Bonds, as hereinafter set forth Except as otherwise provided in the resolution authorizing the issuance of the Bonds, (the "Bond Resolution"), the terms of which Bond Resolution are incorporated herein by this reference and will, to the extent in conflict with the provisions of this Contract Supplement so amend this Contract Supplement, the Bonds will be issued with principal maturities or be subject to mandatory sinking fund redemption on May 2 of each year as follows YEAR AMOUNT YEAR AMOUNT 2002 $ 100,000 2017 1,550,000 2003 155,000 2018 1,580,000 2004 235,000 2019 1,650,000 2005 330,000 2020 1,650,000 2006 350,000 2021 1,650,000 2007 450,000 2022 1,650,000 2008 525,000 2023 1,650,000 2009 625,000 2024 1,650,000 2010 750,000 2025 1,650,000 2011 875,000 2026 1,650,000 2012 1,000,000 2027 1,650,000 2013 1,125,000 2028 1,650,000 2014 1,250,000 2029 1,650,000 2015 1,350,000 2030 1,650,000 2016 1,450,000 The CITY irrevocably covenants and agrees to pay to the AUTHORITY, commencing the first principal payment date and annually thereafter so long as any of the Bonds are outstanding Cash Rentals in an amount corresponding to the principal amount of Bonds maturing or coming due by mandatory sinking fund redemption on the corresponding principal payments dates, provided, however, that if the maturity 32770 schedule for the Bonds is amended by the Bond Resolution, the due dates for Cash Rentals shall thereby be amended accordingly Payment of Cash Rentals shall be made by the CITY to the paying agent for the Bonds directly, it being understood that such transfer by the CITY shall be done for and on behalf of the AUTHORITY The CITY acknowledges also that the Bonds will be issued at a maximum interest rate of not to exceed eight percent (8%) per annum to be determined at public sale thereof and that so long as Bonds remain outstanding, such interest will accrue on the outstanding principal balance semiannually Therefore, the CITY further irrevocably covenants and agrees to pay to the AUTHORITY, as a part of Cash Rentals, commencing on the first interest payment date and semiannually thereafter so long as Bonds are outstanding, such additional sums as shall be necessary to pay interest due on the Bonds prior to the next succeeding Cash Rental payment date Payment of Cash Rentals shall be made by the CITY to the paying agent for the Bonds directly, it being understood that such transfer by the CITY shall be done for and on behalf of the AUTHORITY It is understood and agreed by the parties hereto that the CITY's minimum Cash Rental obligation hereunder shall be the payment of such amounts as shall equal debt service requirements on the Bonds falling due prior to the next Cash Rental payment date However, the CITY shall retain the unrestricted right and privilege to prepay at any time whatever amounts of Cash Rentals it may choose in order to retire fully or partially the Bonds and any interest then due thereon or in order to provide for such retirement at a specified future date The total aggregate obligation of the CITY hereunder for Cash Rentals shall at any given point in time be equal to the sum of the Cash Rentals yet to be paid to retire principal of the Bonds, plus interest accrued thereon since the last Cash Rental payment at the rate borne by the Bonds The CITY warrants and represents that the amount of its obligations under this Contract Supplement when taken together with other indebtedness of the CITY, will not cause its obligations under this Contract Supplement to exceed any constitutional, statutory or charter debt limitation applicable to the CITY The AUTHORITY shall, within thirty (30) days after the delivery of the Bonds, furnish the CITY with a complete schedule of maturities of principal and interest thereon, and the AUTHORITY shall also, at least thirty (30) days prior to each Cash Rental due date, advise the CITY, in writing, of the exact amount of Cash Rental due on the next said date, and the CITY shall pay such amount on the due date 5 Except to the extent that the CITY and the AUTHORITY have agreed otherwise by separate written documents, the CITY, at its own expense during the term of the Contract and this Contract Supplement, shall operate, maintain and keep in repair the Project and the Site, and the total expense in connection therewith shall be borne and paid by the CITY in addition to all other rentals herein required Operation and maintenance shall include any and all costs and expenses of operation and maintenance and such costs and expenses of repairs and maintenance as are necessary to keep the Project and the Site in good repair and working order, and shall 32771 include, but not to the exclusion of any other items not herein specified, heating, lighting, snow and debris removal, painting and such other repair and maintenance items as are necessary to provide for efficient operation of the Project and the Site, and to keep the same in good repair and working order, as well as proper insurance coverages Further the CITY shall pay, as part of the operation and maintenance expense, upon written notification by the AUTHORITY, and within thirty (30) days after receipt thereof, such amounts as shall be required to meet all reasonable administrative costs and operating expenses of the AUTHORITY, including transfer agent fees, Bond registration fees and any other costs or expenses of the AUTHORITY incidental to the issuance and payment of the Bonds or attributable to the Project or the Site 6 It is understood and agreed by and between the parties hereto that the Bonds will be issued by the AUTHORITY in anticipation of the CITY's contractual Cash Rental obligation, as stated in Section 3 hereof The CITY, pursuant to authorization of Section 8a of the Act, hereby recognizes and affirms that its contractual obligations expressed in Sections 4 and 5 hereof are full faith and credit general obligations of the CITY The CITY expressly and irrevocably pledges its limited tax full faith and credit for the prompt and timely payment of the Cash Rentals pledged for payments of the Bonds as expressed in Section 3 of this Contract and shall each year, commencing with the fiscal year commencing December 1, 2001, appropriate from its general funds as a first budget obligation sufficient moneys to pay such Cash Rentals Such pledge shall include, if necessary, the obligation to levy annually, except as provided below, such ad valorem taxes on all the taxable property in the CITY which, taking into consideration estimated delinquencies in tax collections, shall be fully sufficient to pay such Cash Rentals under and pursuant to this Contract Supplement. Such levy, however, shall be subject to applicable constitutional, statutory and charter tax rate limitations and shall not be in an amount or at a rate exceeding that necessary to pay such Cash Rentals, such levy being for the purpose of providing funds to meet the contractual obligations of the CITY in anticipation of which the Bonds are issued Nothing herein contained shall be construed to prevent the CITY from using any, or any combination, of the means and methods provided in Section 8a of the Act for the purpose of providing funds to meet its obligations under this Contract Supplement, and if at the time of making any annual tax levy there shall be other funds on hand earmarked and set aside for the payment of the contractual obligations due prior to the next tax collection period, then such tax levy may be reduced by such amount. 7 The CITY will include in its budget for the fiscal year commencing December 1, 2001 and shall include in its budget for each fiscal year thereafter an amount sufficient to pay the total obligations under this Contract Supplement coming due in each such fiscal year Annually before finalization of its budget for the next ensuing fiscal year the CITY shall prepare and transmit to the AUTHORITY a statement of the moneys to be included in said budget for payment of all costs of the Project. The AUTHORITY shall have the right to communicate directly with the City Council of the CITY regarding any items in said budget relative to the Project which might be disputed, 32772 • and, in any event, the budget shall be reasonably adequate to cover all obligations of the CITY herein contained in this Contract Supplement. 8 The CITY may at any time pay in advance any of the obligations required to be paid by this Contract Supplement, in which event the AUTHORITY shall credit the CITY with advance payment on future-due payments to the extent of such advance payment. The CITY may also specify by written request that any Cash Rentals paid in advance of the requirements set out in Section 3 hereof be used to purchase Bonds for redemption prior to maturity, either currently or at some future date, to the extent the provision for prior redemption is made in the Bonds, in which event the AUTHORITY shall be obligated to apply and use said advance payments for such purpose to the fullest extent possible The CITY and the AUTHORITY both agree that any such prepayments will be invested, pending their use, in instruments or obligations rated no lower than the applicable rating from either Moody's or Standard & Poors 9 The CITY may install in the Project or on the Site such equipment or fixtures as it may desire 10 The CITY covenants and agrees that it will not permit the use of the Project or the Site in any manner that will result in a violation of local, state or federal laws, rules or regulations now or hereafter in force and applicable thereto and shall keep the AUTHORITY and the members of its Commission harmless and indemnified at all times against any loss, damage or expenses by any accident, loss, casualty or damage resulting to any person or property through any use, misuse, or nonuse of the Project and Site, or by reason of an act or thing done or not done on, in or about the Project or Site or in relation thereto The CITY further covenants and agrees that it will promptly, and at its own expense, make and pay for any and all changes and alterations in or about the Project and the Site which during the term of this Contract Supplement may be required to be made at any time by reason of local, state or federal laws and to save the AUTHORITY harmless and free from all costs or damage in respect thereto 11 With respect to the Bonds, to carry out the acquisition and construction of the remaining portion of the Project and the financing thereof in accordance with the provisions of said Act, the following actions shall be taken by the AUTHORITY {a} The AUTHORITY will enact the necessary Bond Resolution to authorize the issuance of the Bonds in anticipation of the Cash Rentals to be paid by the CITY hereunder The AUTHORITY will offer for sale and take such other necessary legal procedures as may be necessary to sell the Bonds as soon as all other steps required to be taken prior to sale of the Bonds have been accomplished {b} - The AUTHORITY will promptly enter into and execute contracts for the completion of the acquisition, construction, furnishing and equipping of the Project in accordance with the plans and specifications therefore approved by the CITY No changes in said plans and specifications shall be made by the AUTHORITY without the 32773 consent of the CITY The AUTHORITY shall not execute any contract in connection with the acquisition of the completion of Project until the same has been approved by the City Council of the CITY {c} The AUTHORITY will require and secure from any contractor undertaking any work to be performed on the said Project necessary and proper bonds to guarantee the performance of said contract and labor and material bonds in such forms as may be approved by the City Attorney of the CITY {d} The AUTHORITY will immediately upon receipt of the proceeds of sale of the Bonds comply with all requirements provided for in the ordinance or resolution relative to the disposition and use of such proceeds {e} The AUTHORITY may invest any bond proceeds or other funds held by it as permitted by law and investment income shall accrue to and follow the fund producing such income However, the AUTHORITY shall not invest, reinvest or accumulate any moneys deemed to be proceeds of the Bonds pursuant to federal Internal Revenue Code of 1986, as amended (the "Code"), and the applicable regulations thereunder, in such a manner as to cause the Bonds to be "arbitrage bonds" within the meaning of the Code and applicable regulations thereunder The AUTHORITY and the CITY will take or abstain from taking all actions required by the Code and regulations thereunder as may be necessary to retain for the interest on the Bonds the exemption from direct federal income taxation 12 In the event that it should be determined that for any reason there are not sufficient funds to complete the Project, or if repair, replacement or alteration of the Project should be required to make the Project useable for its originally intended purpose, and additional funds become necessary therefore, it is agreed by the parties hereto that the Contract and this Contract Supplement may be additionally supplemented or amended to provide for the issuance of additional bonds by the AUTHORITY to provide sufficient funds to complete, repair, replace or alter the completion of the Project and also to increase the Cash Rental by an amount fully sufficient to pay all principal of and interest on the Bonds herein referred to and such additional bonds when due In the event such determination of insufficient funds should be made after the letting of contracts for construction of the Project, but before completion thereof, the AUTHORITY shall be authorized, on its own motion, to issue such additional bonds as may be necessary to provide sufficient funds to complete the Project or to make necessary repairs, replacements or alterations therein, and the Cash Rental to be paid by the CITY shall automatically be increased by an amount fully sufficient to pay all principal of and interest on the Bonds herein referred to and such additional bonds when due In the event any additional bonds are issued, the duties and obligations of the AUTHORITY and the CITY as expressed and set forth in the Contract and this Contract Supplement shall be applicable to such additional bonds as well as the Bonds herein referred to, it being at all times fully recognized and agreed that the Cash Rentals 32774 to be paid by the CITY, as specified in Section 4 of the Contract and the Contract Supplement, shall be based upon the total amount of bonds issued to pay the costs of the Project. Any such additional bonds shall mature serially or be payable by mandatory sinking fund redemption on the dates as provided in Section 4 of the Contract and this Contract Supplement and the Cash Rentals coming due on the dates as provided in Section 4 of the Contract and this Contract Supplement for the Cash Rentals shall be increased by the principal amount of such additional bonds maturing on the dates as provided in Section 3 of the Contract and the Contract Supplement. All of the provisions of the Contract shall be applicable to said increased amounts Immediately upon the issuance of such additional bonds, the AUTHORITY shall furnish and supply the CITY documentation specifying the new schedule of Bond payments and Cash Rentals, increased as herein authorized, which shall be substituted and take the place of the schedules herein specified In the event additional bonds are issued, all references herein to the Bonds shall be deemed to include such additional bonds in lieu of the issuance of additional bonds, the AUTHORITY and the CITY may enter into any other mutually agreeable arrangement to meet increased costs or bring such costs within the amount of funds available for construction of the completion of the Project. 13 In the event, by reason of favorable construction bids received, or for any other reason, it is not necessary to issue the Bonds in the full amount presently anticipated, the AUTHORITY shall be authorized, after consultation with the CITY, to reduce the amount of Bonds to such lesser principal amount as may be necessary to pay the cost of the Project and also to reduce the Cash Rental of the CITY so that the payments shall be sufficient to pay all principal of and interest on the Bonds All the provisions of this Contract Supplement shall be applicable to said reduced amounts and/or said amended due dates the same as though such Bonds and Cash Rentals were originally in said reduced amounts and/or with said amended due dates In such event, the AUTHORITY shall furnish and supply to the CITY documentation specifying the new schedule of Bond Payments and Cash Rentals, reduced and/or rescheduled as herein authorized, including copies of the Bond Resolution and any amendments thereto, which shall be substituted and take the place of the schedules herein specified 14 After completion of the Project and payment of all costs thereof, any unexpended balance remaining from the proceeds of sale of Bonds and the amounts to be paid by the CITY to the AUTHORITY pursuant to Section 4 of the Contract and Section 4 of this Contract Supplement, shall be used by the AUTHORITY, upon request made by resolution of the City Council of the CITY and with the approval of the Michigan Department of Treasury (or any successor agency thereto, if any), to the extent required by law, for improvements or enlargement of the Project or for any other projects of the AUTHORITY leased to the CITY Any balance remaining after such use shall be applied to debt service requirements and shall reduce the next due Cash Rentals to the extent of such application 32775 15 The AUTHORITY shall deliver possession of the Project and the Site to the CITY simultaneously with conveyance thereof by the CITY to the AUTHORITY as provided in Section 1(a) hereof The Project shall be completed as promptly as possible but in the event that for any reason whatsoever the Project is not completed in a timely fashion, the obligation of the CITY for the payment of the Cash Rentals and other costs of the Project and the performance of its other commitments under this Contract shall in any event remain in full force and effect in order to provide for the payment of principal of and interest on the Bonds and other costs in connection therewith 16 The CITY shall provide {a} liability insurance to the extent necessary to protect the AUTHORITY and the CITY against loss on account of damage or injury to persons or property imposed by reason of the ownership of the Project and the site or resulting from any act of omission or commission on the part of the AUTHORITY or the CITY, their agents, officers and employees, in connection with the operation, maintenance or repair of Project and the Site or the furnishing of any service to the CITY, {b} casualty insurance against such risks and in such amounts as are usually carried on projects of similar size and nature, and {c} funds to pay the premium on a sufficient fidelity bond from any person handling the funds of the AUTHORITY 17 Any funds received by the AUTHORITY or the CITY from any insurance policies, or otherwise, because of casualty or damage to the Project or the Site shall be used promptly to restore the Project to a condition satisfactory to the CITY If such funds are not sufficient to so restore the Project or the Site, the CITY may provide sufficient additional funds therefore in such amounts as the CITY and the AUTHORITY may agree upon, or the CITY and the AUTHORITY may agree to issue additional bonds and increased Cash Rentals shall apply If in the judgment of the AUTHORITY, concurred in by the CITY, the funds received from any insurance policies, or otherwise, by the AUTHORITY or the CITY shall be insufficient to restore the Project to a condition satisfactory to the CITY and if additional CITY funds are not made available or additional bonds are not authorized to make proper restoration then, in that case, the AUTHORITY shall hold and/or invest the funds paid to it by reason of such loss for the benefit of the holders of the Bonds, and when upon receipt of sufficient Cash Rentals from the CITY which, together with the proceeds of the insurance and other available funds, will be sufficient to pay the principal of and interest on the Bonds, said moneys shall be deposited by the AUTHORITY, in trust, for the benefit of the bondholders and used to pay the principal of and interest on said Bonds as they mature 18 Except as provided in Section 5 hereof, the leasehold rights, duties and obligations of the CITY as specified in the Contract and this Contract Supplement shall not be assigned nor sublet, in whole or in part, during the term of the Contract and 32776 this Contract Supplement or while any of the Bonds are outstanding and unpaid, except to the extent that such assignment or sublease benefits and serves a legitimate public purpose of the CITY, in which event the CITY shall be authorized to assign this Contract or sublet the Project, the Site, or any part thereof, but only to the extent and in the manner that the CITY could assign or sublet if it were the owner of the Project and the Site In no event shall any assignment or subletting relieve the CITY of its primary obligations to pay the Cash Rentals and operation and maintenance costs of the Project and the Site hereunder or perform any of its other obligations hereunder 19 The CITY shall have, and pursuant to the Contract was hereby granted, the right to require the AUTHORITY to release from the terms and restrictions hereof any part of the Site, or any interest therein, at any time and from time to time while the CITY is not in default hereunder, without cost to the CITY, provided that the CITY furnishes the AUTHORITY with {a} A notice, in writing, containing an adequate legal description of that portion of the Site with respect to which such right is to be exercised, together with a survey thereof; and {b} A certificate signed by an engineer or architect stating (i) that no part of the improvements constituting the Project (other than sewer, water, gas, electric and communication lines and other utilities, and the like, which shall be specified in such certificate) is located on the portion of the Site with respect to which such right is exercised, and (ii) that the severance of such portion of the Site will not impair the operating utility or materially alter the character of the Project or the balance of the Site From and after the consummation of any release effected by the CITY pursuant to the provisions of this Section, any reference herein to the Site shall be deemed to refer to the real property described herein, and the building and improvements thereon, less and except any portion or interest therein released to the CITY under this Section and any part theretofore released to the CITY under this Section No release effected by the CITY under the provisions of this Section shall entitle the CITY to any abatement or diminution of the Cash Rentals or other obligations payable hereunder 20 The AUTHORITY, its agents, servants or employees shall have the right at all times of entering upon the Project and the Site for the purpose of acquiring, constructing and inspecting the same pursuant to its commitments hereunder and determine whether all of the terms, agreements, covenants and conditions herein contained are being complied with 21 The CITY covenants and agrees that it will continue to pay to the AUTHORITY, in accordance with the terms of the Contract and this Contract Supplement, the Cash Rentals and the operation and maintenance costs of the Project and the Site at the times and in the manner herein established without reduction or 32777 abatement for any cause or reason whatsoever, including, but not limited to, casualty which results in the Project or the Site being untenantable or the failure to have the Project restored under Section 16 hereof, and without right of setoff or recoupment, until the principal of and interest on all Bonds are paid in full or adequate funds are available and held in trust for the benefit of the holders of the Bonds for that purpose 22 The CITY covenants and agrees that if before the Bonds have been retired default shall at any time be made by the CITY in payments of Cash Rentals or operation and maintenance costs as herein required or in the performance of any of its obligations hereunder, the AUTHORITY shall have the right to use all the remedies provided by law to correct said default, including those specifically set forth in the Act and the ordinance or resolution to be enacted by the AUTHORITY providing for the issuance of the Bonds In the event of any such default, the holder or holders of the Bonds may, to the extent permitted by law, exercise and enforce the rights of the AUTHORITY hereunder 23 The AUTHORITY and the CITY each recognize that the Bonds are to be issued in anticipation of the Cash Rentals to be paid by the CITY hereunder and that the holders from time to time of the Bonds will have contractual rights in the Contract and this Contract Supplement, and it is, therefore, covenanted and agreed by each of them that so long as any of the Bonds shall remain outstanding and unpaid the provisions of the Contract and this Contract Supplement shall not be subject to any alteration or revision which would in any manner unfavorably affect either the security of the Bonds or the prompt payment of principal or interest thereon The AUTHORITY and the CITY further covenant and agree that they will each comply with their respective duties and obligations under the terms of the Contract and this Contract Supplement promptly at the times and in the manner herein set forth and will not suffer to be done any act which would in any way impair the Bonds, the security therefore, or the prompt payment of principal and interest thereon The CITY may, in writing, waive strict compliance by the AUTHORITY with the dates set out herein for the entering into of final construction contracts and for completion of the Project, and such dates may be altered upon mutual agreement by the parties hereto 24 The AUTHORITY and the CITY hereby agree to provide or cause to be provided, in accordance with the requirements of Rule 15c2-12 promulgated by the U S Securities and Exchange Commission, on or prior to the 180th day after the end of the fiscal year of the AUTHORITY and the CITY, commencing with the fiscal year ended November 30, 2000, (i) certain annual financial information and operating data, including audited financial statements for the preceding fiscal year, generally consistent with the information contained or cross-referenced in the Official Statement relating to the Bonds, (ii) timely notice of the occurrence of certain material events with respect to the Bonds and (iii) timely notice of a failure by the AUTHORITY or the CITY to provide the required annual financial information on or before the date specified in (i) above The foregoing undertaking shall be set forth in greater detail and as may be supplemented by resolution of the AUTHORITY awarding the sale of the Bonds, and the 32778 full text of such undertaking is hereby incorporated by reference as if fully herein set forth 25 Any notice necessary or proper to be given to any of the parties hereto may be served in the following manner. {a} If to the AUTHORITY, by delivering the same to any member of the Commission thereof; {b} If to the CITY, by delivering the same to the Mayor or the City Clerk. 26 The Contract and this Contract Supplement shall terminate on the payment in full of all principal and interest on all the bonds issued hereunder including, but not limited to the Bonds When all bonds have been retired and the Contract and this Contract Supplement terminated, the AUTHORITY shall convey the Project and the Site to the CITY, without consideration, by quit claim deed and appropriate bills of sale in such form and manner as may be approved by the City Attorney of the CITY Upon termination of the Contract and this Contract Supplement in the manner set forth above, the AUTHORITY shall promptly pay over to the CITY any and all funds held by it pertaining to the aforesaid Bonds or in any other manner relating to the Project. 27 The AUTHORITY covenants that the CITY upon compliance with L the terms of the Contract and this Contract Supplement, shall and may peacefully and quietly have and hold and enjoy the Project and the Sites for the term herein provided 28 Nothing herein contained shall in any way be construed to prevent additional financing under the provisions of the Act, or any other law, for any of the purposes set out in the Articles of Incorporation of the AUTHORITY 29 This Contract Supplement shall inure to the benefit of and be binding upon the respective parties hereto, their successors and assigns 32779 IN WITNESS WHEREOF, the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, by its Commission, and the CITY OF LIVONIA, by its City Council, have each caused its name to be signed to this instrument by its duly authorized officers the day and year first above written MUNICIPAL BUILDING AUTHORITY OF LIVONIA By Its Chairman By. Its Secretary CITY OF LIVONIA By Its Mayor By. Its City Clerk 32780 STATE OF MICHIGAN ) ) ss L COUNTY OF WAYNE ) On this day of February, 2001, before me appeared William C Fried and Joan McCotter, to me personally known, who being by me duly sworn, did, each for himself or herself, say that they are, respectively, the Chairman and the Secretary of the Commission of the MUNICIPAL BUILDING AUTHORITY OF LIVONIA, a public corporation of the state of Michigan, and that said instrument was signed and sealed in behalf of said AUTHORITY by authority of its Commission, and the said persons acknowledged said instrument to be the free act and deed of said AUTHORITY Notary Public, Wayne County, Michigan My Commission Expires STATE OF MICHIGAN ) ) ss COUNTY OF WAYNE ) On this day of February, 2001, before me appeared Jack Kirksey and Joan McCotter, to me personally known, who being by me duly sworn, did, each for himself or herself, say that they are, respectively, the Mayor and the City Clerk of the CITY OF LIVONIA, a Michigan municipal corporation, and that said instrument was signed and sealed in behalf of said City by authority of its City Council, and the said persons acknowledged said instrument to be the free act and deed of said City Notary Public, Wayne County, Michigan My Commission Expires 32781 CR 57-01 RESOLVED, that having considered a communication from the Fire Chief, dated January 12, 2001 , which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept a cash donation in the amount of $15,000 00 from Meijers, the same to be deposited in and credited to the Capital Improvement Fund #401 to be used for a thermal imaging camera and related accessories for the Fire Department; FURTHER, the Council does hereby authorize the purchase of one thermal imaging camera from West Shore Fire Inc., 6620 Lake Michigan Drive, P0 Box 188, Allendale, Michigan 49401, in the amount of $12,500 00, the same to be appropriated and expended from Capital Improvement Fund #401 for this purpose, FURTHER, the Council does hereby authorize the purchase of said item without competitive bidding in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended A communication from the Economic Development Director, dated January 19, 2001, re a summary report of the LivoniaNVest Wayne County Industrial Market Overview prepared jointly with Grubb & Ellis, was received and placed on file for the information of the Council A communication from the Superintendent of Parks and Recreation Department, dated January 18, 2001, re - Administrative Response to CR 689-00—the total number of trees replaced at Mies Park being 51, the ratio of which is ten new trees for each tree removed from the park site, was received and placed on file for the information of the Council CR 58-01 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated January 12, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of Police Department vehicles as follows - Eleven (11) 2001 Ford Crown Victorias (Patrol Vehicles) from Signature Ford, 1960 E Main, Owosso, Michigan 48867, through the Macomb County consortium, in the amount of $228,990 30 to be expended from funds already budgeted for this purpose in Account #101-325-985-000, Capital Outlay Vehicles - Patrol Bureau, 32782 - One (1) 2001 Chevrolet Impala (Patrol Vehicle) from Shaheen Chevrolet, 3901 S Martin Luther King Boulevard, P 0 Box 27247, Lansing, Michigan 48910, through the Oakland County consortium, in the amount of $19,186 96 to be expended from funds already budgeted for this purpose in Account #101-325- 985-000, Capital Outlay Vehicles - Patrol Bureau, - Two (2) 2001 Ford Crown Victorias (Traffic Bureau) from Signature Ford, 1960 E Main, Owosso, Michigan 48867, through the Macomb County consortium, in the amount of $41,634 60 to be expended from funds already budgeted for this purpose in Account #101-302-985-000, Capital Outlay Vehicles - Traffic Bureau, and - Two (2) 2001 Chevrolet Impalas (Detective Bureau) from Buff Whalen Chevrolet, 40445 Van Dyke, Sterling Heights, Michigan 48313, through the Oakland County consortium, in the amount of $39,418 14 to be expended from funds already budgeted for this purpose in Account #101-307-985-000, Capital Outlay Vehicles - Detective Bureau, FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low Macomb County and/or Oakland County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended, FURTHER, the Council does hereby authorize the disposal of sixteen (16) surplus City-owned police vehicles at public auction after receipt of the new vehicles CR 59-01 RESOLVED, that having considered the report and recommendation of the Police Chief and the Director of Public Works, dated January 18, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of an air conditioning system and related work for the computer room at the Police Department, in connection with the Mobile and Stationary Information System which was authorized by Council Resolution 750-00, adopted on October 11, 2000, from Temperature Services, Inc., 14815 Dale, Detroit, Michigan 48223, in the amount of $21,900 00, FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $21,900 00 from funds already budgeted in the State Forfeiture Account No 265-333-987-000 ($3,900 00) and in DPW Account No 101-447-975-000 ($18,000 00) for this purpose, FURTHER, the Council does hereby authorize such purchase and installation without competitive bidding for the reasons 32783 indicated in the aforesaid communication, and such action is taken in accordance Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 60-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated December 13, 2000, which bears the signature of the Director of Finance and is approved for submission by the Mayor, transmitting a proposal received for the inspection of two bridges (Hubbard Road over the Bell Creek and Newburgh Road over the Middle Branch of the Rouge River), the Council does hereby accept the proposal submitted by Orchard, Hiltz and McCliment, Inc., 34935 Schoolcraft Road, Livonia, Michigan 48150, for engineering services regarding the field inspections and written reports for these two vehicular bridges as required by the Michigan Department of Transportation in an amount not to exceed $1,600 00 ($800 00 per bridge), FURTHER, the Council does hereby authorize the expenditure of the sum of $1,600 00 from Account No 101- 441-818-005 (Contractual Services, Consultant) for this purpose for the reasons outlined in the aforesaid communication, FURTHER, the Council does hereby authorize the aforesaid action without competitive bidding in accordance with Section 3 04 140D2 of the Livonia Code of Ordinances, as amended CR 61-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated January 16, 2001, approved for submission by the Mayor, to which are attached proposed agreements between the City of Livonia and the County of Wayne for the installation of flashing beacons on School Speed Zone Assemblies on Six Mile Road, east and west of Stevenson High School, and on Joy Road, east and west of Franklin High School, and having considered the necessity for such traffic signal installation, the Council does hereby authorize the installation of said flashing beacons, FURTHER, the Council does hereby approve of the City assuming 100% of the annual maintenance and energy costs for such beacons, and the Mayor and City Clerk are hereby authorized to execute the attached agreements, for and on behalf of the City of Livonia, and the City Clerk is hereby requested to forward a certified copy of this resolution to the Wayne County Division of Roads CR 62-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 18, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of five (5) 2001 Dodge Intrepid ES sedans from Snethkamp's Lansing Dodge, 6131 South Pennsylvania Avenue, Lansing, Michigan 48911, in the amount of $18,475 00 each, including license plate and delivery, for a 32784 total cost of $92,375 00, the same to be expended from funds already budgeted for this purpose in Equipment Maintenance Capital Outlay Account No 101-446-985-000, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price (under Contract No 071B1001118), as well as for the additional reasons indicated in the aforesaid communication, and such action is taken in accordance with the provisions set forth in Section 3 04 140D4 of the Livonia Code of Ordinances, as amended CR 63-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated January 8, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, which requests authorization to sell the following City vehicles and equipment, such authorization to be for a period through June 1, 2001 Vehicle Number Description Mileage 1 556 1989 Buick Century 77,520 2 486 1986 Chevrolet Pickup 133,008 3 384 1986 Chevrolet Pickup 135,707 4 172 1977 Layton (asphalt paver) 5 93 1987 Ford Van 100,153 and wherein the aforesaid vehicles would be delivered to Midwest Auto Auction and Service, Inc , 14666 Telegraph Road, Detroit, Michigan 48239, and said vehicles and equipment would be sold in accordance with the procedure detailed in the aforesaid communication, the Council does hereby concur in and approve of the recommended action CR 64-01 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the subject of the status and utilization of the city vehicle fleet to the Administration for its report and recommendation, FURTHER, the Council does hereby request that such report and recommendation be submitted to the Finance, Insurance and Budget Committee for its consideration CR 65-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 11, 2001, approved for submission by the Mayor, submitted pursuant to Council Resolutions 267-99, 744-99, 142-00 and 143-00, to which are attached proposed amendments to Title 2, Chapter 96 (Retirement Plan) and Title 2, Chapter 97 (Defined Contribution Retirement Plan) of the Livonia Code of Ordinances, as amended, regarding the re-employment of retirees by the City, the Council does hereby refer this matter to the Civil Service 32785 Commission and the City's labor counsel for discussion of the revised language of the proposed ordinance amendments with City union representatives prior to adoption by Council, and to thereafter submit a report and recommendation to Council CR 66-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 15, 2001, approved for submission by the Mayor, regarding proposed amendments to Article X, Sections 10 02 and 10 03 and Article XI, Sections 11 02 and 11 03 of Zoning Ordinance 543, to designate drug stores and pharmacies as waiver uses instead of permitted uses in commercially zoned districts, the Council does, in accordance with Section 23 01(a) of the Livonia Zoning Ordinance 543, determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendments should be made, and thereafter submit its report and recommendation to Council CR 67-01 RESOLVED, that the Council does hereby refer the subject of the number of drug stores and pharmacies that have closed their businesses in the city within the last five years to the Planning Department for its report and recommendation CR 68-01 RESOLVED, that the Council does hereby refer the subject of whether drug stores are treated in neighboring communities as waiver uses or as permitted uses in commercially zoned districts to the Department of Law for its report and recommendation A communication from the Department of Law, dated January 10, 2001, re request from B J 's of Michigan, Inc., d/b/a/ The SideLine Restaurant (Fox Creek Golf Course) to renew its sublease with the City for the period of March 1, 2001 through February 28, 2006, was received and placed on file for the information of the Council CR 69-01 RESOLVED, that having considered a communication from the Department of Law, dated January 17, 2001, approved for submission by the Mayor, transmitting for Council acceptance a Conservation Easement in connection with the construction of a new office building on property located at 19815 Farmington Road in the Northeast 1/4 of Section 4, more particularly described as Grant of Easement dated December 14, 2000, executed by Benedetto Tiseo, Farmington Road, L.L.0 , to the City of Livonia, for. 32786 Conservation Easement PARAGRAPH I THE ENTIRE PARCEL Beginning at the southeast corner of the northeast 1/4 of Section 4, Town 1 south, Range 9 east, City of Livonia, Wayne County, Michigan thence westerly along the east and west 1/4 line of said Section 651 5 feet; thence northerly along the west line of the east 1/2 of the northeast 1/4 94 61 feet to a stake, thence easterly parallel with the north line of said Section, 652 5 feet to a point in the east line of said Section, thence south along said east line 105 91 feet to the place of beginning, except the east 60 feet thereof 19815 Farmington PARAGRAPH H THE ENTIRE PARCEL -AS RESURVEYED Land in the northeast 1/4 of Section 4, Town 1 south, Range 9 east, City of Livonia, Wayne County, Michigan, described as. Commencing at the east 1/4 corner of Section 4, Town 1 south, Range 9 east, thence N 89°56'28" w, 60 00 feet, along the east- west 1/4 line of Section 4, to the point of beginning, thence continuing along said line, N 89°56'28" w, 600 00 feet, thence N 00°02'22" e, 102 71 feet, along the easterly line of Windridge Village Subdivision, as recorded in Liber 99 of Plats, Pages 38-43 Wayne County records, thence N 89°47'06" e, 600 03 feet, along the southerly line of Crosswinds Estates Subdivision, and its extension easterly, thence S 00°03'10" w, 105 57 feet, along the westerly line of Farmington Road (120 feet wide), to the point of beginning Containing 1 434 acres of land, more or less PARAGRAPH III PARCEL BURDENED BY EASEMENT Land in the northeast 1/4 of Section 4, Town 1 south, Range 9 east, City of Livonia, Wayne County, Michigan, described as Commencing at the east 114 corner of Section 4, Town 1 south, Range 9 east, thence N 89°56'28" w, 610 00 feet along the east- west 1/4 line of Section 4, to the point of beginning, thence continuing along said line, N 89°56'28" w, 50 00 feet, thence N 00°02'22" E, 102 71 feet, thence N 89°47'06" e, 50 00 feet, thence S 00°02'22" W, 102 95 feet, to the point of beginning the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Conservation Easement and the City Clerk is 32787 hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution CR 70-01 WHEREAS, pursuant to the direction of the City Council in its resolution 844-00, adopted on November 8, 2000, and in accordance with Section 3 08 100 of the Livonia Code of Ordinances, as amended, the City Assessor of the City of Livonia has prepared, reported and certified to the Council under date of January 26, 2001, an assessment roll dated January 26, 2001, for the proposed improvement of Henry Ruff between Lyndon Avenue and Five Mile Road in the Northeast and Northwest 1/4 of Section 23 consisting of the placement of eight (8") inch concrete pavement thirty-four (34') feet wide (Alternate 1 Modified) containing the special assessments to be assessed and levied, respectively, in the proposed special assessment district heretofore established for the construction and operation of the proposed improvement in said district as designated in Council Resolution 844-00, THEREFORE, BE IT RESOLVED, that the said roll is hereby accepted by the City Council, that it is hereby ordered to be filed in the office of the City Clerk for public examination, that the City Clerk be and hereby is directed to give notice as required by the provisions of Section 3 08 110 of the Livonia Code of Ordinances, as amended, to wit: that the assessment roll has been made and filed in the office of the City Clerk for public examination and that the City Council of the City of Livonia will meet in the City Hall, 33000 Civic Center Drive, Livonia, Michigan, on Wednesday, March 14, 2001, at 7 00 p m to review the said special assessment roll at which time and place opportunity will be given to all interested persons to be heard, IT IS FURTHER RESOLVED, that the City Clerk be and hereby is directed to publish a notice of said public hearing at least once in the official newspaper of the City of Livonia which is published and circulated generally in and throughout the said City, at least ten (10) days prior to the aforesaid date of Wednesday, March 14, 2001, at TOO p m , the City Clerk is also directed to give notice of said hearing by sending written notice thereof by first class mail to each and every property owner in the proposed assessment district as their respective names and addresses appear on the most current assessment roll in the City Assessor's office A roll call vote was taken on the foregoing resolutions with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan ILNAYS None 32788 Councilmember Pastor left the podium at 8 15 p m due to a conflict of interest. r On a motion by Laura, seconded by Engebretson, and unanimously adopted, it was CR 71-01 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated January 16, 2001, submitted pursuant to Council Resolution 74-00, the Council does hereby refer the matter of the timeline involved in demolishing the buildings at the Ardmore complex, located at 19810 and 19734 Farmington Road in the west 1/2 of Section 3, pursuant to legal provisions for the demolition of dangerous buildings, together with the financial resources available therefore, and the likelihood of city recovery of demolition costs, to the Mayor and the Department of Law for a report and recommendation A communication from the Economic Development Director, dated July 18, 2000, re Brownfield Single Business Tax Credit Incentives for Commercial Projects was received and placed on file for the information of the Council (Petition 96-7-1-15) A communication from the Department of Law, dated January 15, 2001, re a brief chronology of events regarding the Ardmore property at 19810 and 19734 Farmington Road was received and placed on file for the information of the Council (Petition 96-7-1-15) Floor plans for condominium Units A and B, dated January 16, 2001, re proposed construction on the Ardmore property located at 19810 and 19734 Farmington Road, was received and placed on file for the information of the Council (Petition 96-7- 1-15) A Detroit News article dated July 19, 2000, re Federal grants that are available to help clean up industrialized areas that have contaminated sites (brownfields), and a June, 2000 article that discussed the Brownfield Redevelopment 32789 Financing Act and Brownfield Single Business Tax Credit, was received and placed on file for the information of the Council (Petition 96-7-1-15) The Mayor spoke to the Council regarding the former Ardmore property located at 19810 and 19734 Farmington Road, expressing his concerns that the subject property be put to the best possible use for the City of Livonia (Petition 96-7-1-15) Peter McCreedy, 19604 Farmington Road, Livonia, 48152, spoke to the Council and expressed his opposition to the proposed construction of condominiums on the Ardmore property at 19810 and 19734 Farmington Road (Petition 96-7-1-15) Councilmember Pastor returned to the podium at 8 30 p m Councilmember Engebretson took from the table, for second reading and adoption, the following Ordinance AN ORDINANCE AMENDING SECTION 33 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 00-5-1-9) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication A Conservation Easement from Jose and Stella Evangelista, granted to the City of Livonia for property known as 10615 Farmington Road, was received and placed on file for the information of the Council (Petition 00-5-1-9) Councilmember Duggan left the podium at 8 32 p m due to a conflict of interest. Councilmember Walsh took from the table, for second reading and adoption, the following Ordinance 32790 AN ORDINANCE AMENDING SECTION 24 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING SECTION 3 THERETO (Petition 00-5-1-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES Engebretson, Walsh, Pastor, Laura and Brosnan NAYS Vandersloot The President declared the foregoing Ordinance duly adopted, and would become effective on publication Councilmember Duggan returned to the podium at 8 33 p m On a motion by Laura, seconded by Duggan, it was CR 72-01 RESOLVED, that having considered a request from Councilmember Joe Laura, the Council does hereby refer the matter of providing the community with more information on the services and rates offered by Time Warner Cable, as well as other viewing options available to residents, to the Mayor for a report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Duggan, Laura and Brosnan NAYS Vandersloot, Walsh and Pastor The President declared the resolution duly adopted On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 73-01 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated January 18, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the establishment of a City policy to guarantee satisfaction with City recreation classes, programs and services offered by the Department of Parks and Recreation, the Council does hereby concur in the recommendation made by the Parks and Recreation Commission in its Resolution 2537-00, 32791 adopted on December 5, 2000, and the following satisfaction guarantee policy is hereby adopted Oka City of Livonia Department of Parks and Recreation Satisfaction Guarantee Policy The City of Livonia, Department of Parks and Recreation, is continuously striving to provide high quality recreation activities, events, and programs It is our mission to provide the community of Livonia quality recreational and leisure opportunities for all ages to enjoy The City of Livonia, Department of Parks and Recreation, guarantees that you will be satisfied with the recreation classes, programs and services in which you participate If you are not completely satisfied, simply fill out a Satisfaction Guarantee Request Form and we will arrange for one of the following 1 Repeat the activity at no charge 2 Receive credit that can be applied to any other activity at no charge 3 *Receive a refund *Requests for refunds for departmental programs may be subject to an administrative processing charge Policy Rules: Valid for athletic and recreational classes which • Are four (4) weeks in length or longer; • The participant attends the first 2 classes, • Satisfaction Guarantee Request Form is submitted prior to the 3rd class meeting, • Does not apply to sport league or entry fees • Not valid for departmentally sponsored ticket sales involving theater productions, trips (including transportation), theme parks, season passes, golf green fees or permits (athletic field and picnic) 32792 A communication from the Department of Parks and Recreation, dated January 31, 2001, re the 100% Guarantee Satisfaction Policy applying to all programs and activities that are directly supported by the Department of Parks and Recreation for which checks are made out to the City of Livonia, was received and placed on file for the information of the Council Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTIONS 030, 050, 070, 080, 090, 100, 110, 120 AND 130 OF TITLE 13, CHAPTER 21 (WASTEWATER DISCHARGE CONTROL ORDINANCE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting. On a motion by Engebretson, seconded by Walsh, and unanimously adopted, it was CR 74-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Superintendent of Public Service, dated January 18, 2001, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached the final estimate dated January 18, 2001, the Council does hereby authorize final payment in the amount of $17,219 53 to Davey Tree Expert Company, 1500 North Mantua Street, P O Box 5193, Kent, Ohio 44240-5193, which sum includes the full and complete balance due in connection with the Tree Inventory and Comprehensive Community Forest Management Plan, which contract was authorized in Council Resolution 271-00, adopted on April 19, 2000, it appearing from the aforementioned report that all work under the said contract has been completed in accordance with city standards and specifications A communication from the Public Service Division, dated January 30, 2001, re clarifying the number of trees, the number of planting sites and the cost of 32793 trees involved with the Tree Inventory and Comprehensive Community Forest Management Plan, was received and placed on file for the information of the Council A communication from the Public Service Division, dated February 1, 2001, re a response from Motor City Ford regarding the value increase of a 2000 model truck over the 1999 model truck previously addressed in Council Resolution 299- 98, was received and placed on file for the information of the Council On a motion by Duggan, seconded by Walsh, it was CR 75-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 22, 2001, which bears the signature of the Director of Finance, is approved by the City Attorney and is approved for submission by the Mayor, regarding the trade-in of a 1986 Ford tandem axle truck in connection with the purchase of a new tandem axle dump truck, previously authorized in Council Resolution 299-98, adopted on April 22, 1998, the Council does hereby authorize the expenditure of the additional sum of $1,550 00 from the Equipment Maintenance Capital Outlay Account - Vehicles (Account No 101-446-985-00) to be paid to Motor City Trucks, 39300 Schoolcraft Road, Livonia, Michigan 48150, for reduction in value of trade-in vehicle for the reasons outlined in the aforementioned report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Vandersloot, Walsh, Duggan, Laura and Brosnan NAYS Pastor The President declared the resolution duly adopted A communication from Tye Culver, President of Culver Custom Homes, dated February 2, 2001, re a revised copy of a proposed landscape plan, dated February 1, 2001, for the Shires of Livonia, located on the north side of Schoolcraft Road between Park Avenue and Fairway Drive in the southeast 1/4 of Section 20, was received and placed on file for the information of the Council (Petition 98-8-2-16) 32794 A communication from Bob Wilson, 14049 Park Avenue, Livonia, 48154, re his viewpoint in support of the Shires of Livonia condominium project, was received and placed on file for the information of the Council (Petition 98-8-2-16) A communication from Jerry Pfeifer, President of SMB Estates Civic Association, 14515 Ronnie Lane, Livonia, 48154, dated January 29, 2001, re concerns of various residents of said association relative to the Shires of Livonia condominium project's landscape plan, was received and placed on file for the information of the Council (Petition 98-8-2-16) Frank Kokenakes, representative for Culver Custom Homes, was present at the Council meeting to answer questions of residents and Council Jerry Pfeifer, President of SMB Estates Civic Association, 14515 Ronnie Lane, Livonia, 48154, spoke and said he appreciated the efforts of Mr Culver in addressing the landscape plan for Shires of Livonia, but would like to know what ground cover will be planted on the berms (Petition 98-8-2-16) Jim Borrusch, 14048 Fairway, Livonia, 48154 voiced his opposition to the proposed Landscape Plan for the Shires of Livonia condominium project. (Petition 98-8-2-16) Eric Haupt, 14120 Fairway, Livonia, 48154 spoke to the Council and stated that he would like to see all utility lines placed underground for the entire proposed Shires of Livonia condominium complex. (Petition 98-8-2-16) Robert Wenderski, 14193 Park Avenue, 48154, spoke to the Council about his concerns of a stump in back of Lot 63, and asked Council to deny this Landscape Plan request. (Petition 98-8-2-16) Bob Wilson, 14049 Park Avenue, 48154, spoke to the Council in support of the proposed Landscape Plan for the Shires of Livonia condominium project. (Petition 98- 8-2-16) On a motion by Duggan, seconded by Pastor, it was CR 76-01 RESOLVED, that having considered a communication from Attorney Frank J Kokenakes, Brashear, Tangora, Gallagher, Creighton & Amann, LLP, on behalf of Culver Custom Homes, dated November 29, 2000, and a proposed Landscape Plan, dated February 1, 2001, prepared by Basney and Smith, Inc., requesting approval of the Landscape Plan for 32795 Petition 98-8-2-16 submitted by Culver Custom Homes in connection with a proposal to construct a detached condominium project on property located on the north side of Schoolcraft Road between Park Avenue and Fairway Drive in the Southeast 1/4 of Section 20, the Council does hereby approve the landscape plan submitted with Petition 98-8-2-16, dated February 1, 2001, subject to the following conditions 1) That all disturbed lawn areas shall be sodded in lieu of hydroseeding, and 2) That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition 3) That the commitment contained in the letter submitted by the petitioner, dated February 2, 2001, shall be adhered to by the petitioner; and the Planning Department shall review and approve any ground cover to be installed at the site A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Walsh, Pastor, Duggan, Laura and Brosnan NAYS Vandersloot The President declared the resolution duly adopted Marsialle Arbuckle, 35953 Schoolcraft, Livonia, 48154, member of Boy Scout Troop #647, thanked the Council for allowing them to attend the meeting and stated that they learned a lot about how the City operates On a motion by Duggan, seconded by Pastor, and unanimously adopted, it was. CR 77-01 RESOLVED, that the Council does hereby refer the subject of a possible amendment to the Zoning Ordinance so as to establish a 60- day time limit from the date a site plan is approved by Council for the submittal of any additional information, such as landscape plans and signage, to the Department of Law for its report and recommendation A communication from the Department of Law, dated January 12, 2001, re history of restaurant seating limitations in C-1 districts, and submitting a proposed 32796 ordinance amendment relative to said subject for the Council's consideration, was received and placed on file for the information of the Council (CR 891-00) On a motion by Walsh, seconded by Vandersloot, it was RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 12, 2001, approved for submission by the Mayor, regarding a proposed amendment to Article X, Section 10 03 of Zoning Ordinance 543, to amend the restaurant seating limitations in C-1 districts, the Council does, in accordance with Section 23 01(a) of the Livonia Zoning Ordinance 543, determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit its report and recommendation to Council On a motion by Engebretson, seconded by Laura, it was RESOLVED, that the City Council does hereby determine, in lieu of the foregoing resolution, to substitute the following RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 12, 2001, approved for submission by the Mayor, regarding a proposed amendment to Article X, Section 10 03 of Zoning Ordinance 543, to amend the restaurant seating limitations in C-1 districts, the Council does hereby determine to refer the subject matter to the Legislative Committee for a report and recommendation A roll call vote was taken on the motion to substitute as follows AYES Engebretson and Brosnan NAYS Vandersloot, Walsh, Pastor, Duggan and Laura The President declared the motion to substitute denied A roll call vote was then taken on the originally proposed resolution by Walsh, seconded by Vandersloot, as follows CR 78-01 RESOLVED, that having considered the report and recommendation of the Department of Law, dated January 12, 2001, approved for submission by the Mayor, regarding a proposed amendment to Article X, Section 10 03 of Zoning Ordinance 543, to amend the restaurant seating limitations in C-1 districts, the Council does, in 32797 accordance with Section 23 01(a) of the Livonia Zoning Ordinance 543, determine on its own motion to refer to and request that the City Planning Commission conduct a public hearing on the question of whether such amendment should be made, and thereafter submit its report and recommendation to Council with the following result: AYES Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the resolution duly adopted Councilmember Duggan gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 230, 460 AND 560 OF TITLE 13, CHAPTER 36 (MUNICIPAL REFUSE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein The above Ordinance was placed on the table for consideration at the next regular meeting On a motion by Engebretson, seconded by Vandersloot, and unanimously adopted, it was. CR 79-01 RESOLVED, that having considered the report and recommendation of the Director of Public Works, the City Engineer and the Director of Community Resources, dated January 22, 2001, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, submitted pursuant to Council Resolution 22-01, to which is attached a proposed contract for architectural services for the Alexander Blue House renovation, the Council does hereby authorize retaining the architectural firm of Architects and Planners, Inc., 9429 South Main Street, Plymouth, Michigan 48170, to provide architectural services for the renovation of the Alexander Blue House in an amount not to exceed $35,000 00, FURTHER, the Council does hereby authorize the expenditure of the sum of $35,000 00 from Account No 401- 000-976-000 (Greenmead Carry-Over Fund) for this purpose, and the Mayor and City Clerk are hereby authorized to execute the contract for and on behalf 32798 of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 80-01 RESOLVED, that having considered a communication from Council President Maureen Miller Brosnan, dated January 29, 2001, in connection with the establishment of a public hearing date for Petition 00- 8-SN-13, submitted by Acro Service Corporation, requesting approval of signage for the office building located at 17187 Laurel Park Drive in the Southeast 1/4 of Section 7, the Council does hereby repeal and rescind Council Resolution 748-00 as amended and revised by Council Resolution 860-00 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 81-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-196-2000 adopted on November 1, 2000, with regard to Petition 00-8-6-5, submitted by the City Planning Commission, pursuant to Council Resolutions 608-00 and 758-00, to determine whether or not to amend Article XII, Section 12 03 and Article XIX, Sections 19 03 and 19 05 of the Zoning Ordinance so as to require public notification for all proposed cellular tower installations on public zoned lands and to increase the application fee for new cellular tower support structures, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 17, 2001, pursuant to Council Resolution 856-00, the Council does hereby approve Petition 00-8-6-5 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution Councilmember Duggan left the podium at 9 35 p m due to a conflict of interest. A communication from the Planning Department, dated January 23, 2001, re a 3/4 majority roll call vote not being required for Petition 00-9-1-17, was received and placed on file for the information of the Council 32798 of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D2 and D4 of the Livonia Code of Ordinances, as amended On a motion by Laura, seconded by Duggan, and unanimously adopted, it was. CR 80-01 RESOLVED, that having considered a communication from Council President Maureen Miller Brosnan, dated January 29, 2001, in connection with the establishment of a public hearing date for Petition 00- 8-SN-13, submitted by Acro Service Corporation, requesting approval of signage for the office building located at 17187 Laurel Park Drive in the Southeast 1/4 of Section 7, the Council does hereby repeal and rescind Council Resolution 748-00 as amended and revised by Council Resolution 860-00 On a motion by Duggan, seconded by Walsh, and unanimously adopted, it was CR 81-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-196-2000 adopted on November 1, 2000, with regard to Petition 00-8-6-5, submitted by the City Planning Commission, pursuant to Council Resolutions 608-00 and 758-00, to determine whether or not to amend Article XII, Section 12 03 and Article IXX, Sections 19 03 and 19 05 of the Zoning Ordinance so as to require public notification for all proposed cellular tower installations on public zoned lands and to increase the application fee for new cellular tower support structures, and the Council having conducted a public hearing with regard to this matter on Wednesday, January 17, 2001, pursuant to Council Resolution 856-00, the Council does hereby approve Petition 00-8-6-5 for preparation of the ordinance for submission to Council, and the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution Councilmember Duggan left the podium at 9 35 p m due to a conflict of interest. A communication from the Planning Department, dated January 23, 2001, re a 3/4 majority roll call vote not being required for Petition 00-9-1-17, was received and placed on file for the information of the Council 32799 An e-mail communication from Cathy Klockner, 37680 Northland Drive, Livonia, 48152, re her opposition to a rezoning petition for property located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) A communication from Michael and Dominic Soave, owners of the Fountain View Plaza located east of property to be rezoned, dated February 6, 2001, re. their opposition to a rezoning petition for property located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) A communication from William Lute, 19358 Newburgh Road, Livonia, 48152, received February 7, 2001, re his opposition to a rezoning petition for property located on the north side of Seven Mile Road between Bethany and Victor Parkway, t‘, was received and placed on file for the information of the Council (Petition 00-9-1-17) imp An e-mail communication from Anna Hurley, President of Caliburn Manor Subdivision, Seven Mile and Newburgh Roads, Livonia, 48152, re her opposition to a rezoning petition for property located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) A communication from Paul St. Henry and Laura Agabashian, 37500 Seven Mile Road, Livonia, 48152, re their support for a rezoning petition on their residence located on the north side of Seven Mile Road between Bethany and Victor Parkway, was received and placed on file for the information of the Council (Petition 00-9-1-17) 32800 On a motion by Laura, seconded by Engebretson, it was CR 82-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-190-2000, adopted on November 1, 2000, with regard to Petition 00-9-1-17, submitted by Marco Soave, for a change of zoning of property located on the north side of Seven Mile Road between Bethany and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to C-2, and the Council having conducted a public hearing with regard to this matter on Monday, January 22, 2001, pursuant to Council Resolution 855- 00, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation A roll call vote was taken on the foregoing resolution with the following result: AYES Engebretson, Walsh, Laura and Brosnan NAYS Vandersloot and Pastor The President declared the resolution duly adopted On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 83-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-190-2000, adopted on November 1, 2000, with regard to Petition 00-9-1-17, submitted by Marco Soave, for a change of zoning of property located on the north side of Seven Mile Road between Bethany and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to C-2, and the Council having conducted a public hearing with regard to this matter on Monday, January 22, 2001, pursuant to Council Resolution 855- 00, the Council does hereby refer the matter of parking restrictions on Bethany Road to the Traffic Commission for its report and recommendation On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 84-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-190-2000, adopted on November 1, 2000, with regard to Petition 00-9-1-17, submitted by Marco Soave, for a change of zoning of property located on the north side of Seven Mile Road between Bethany 32801 and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to C-2, and the Council having conducted a public hearing with regard to this matter on Monday, January 22, 2001, pursuant to Council Resolution 855- 00, the Council does hereby refer the matter of parking on Bethany Road by Waste Management trucks, City-owned vehicles, Detroit Edison trucks and other civilian vehicles to the Mayor for a report and recommendation On a motion by Engebretson, seconded by Laura, and unanimously adopted, it was CR 85-01 RESOLVED, that having considered a communication from the City Planning Commission, dated November 3, 2000, which sets forth its resolution 11-190-2000, adopted on November 1, 2000, with regard to Petition 00-9-1-17, submitted by Marco Soave, for a change of zoning of property located on the north side of Seven Mile Road between Bethany and Victor Parkway in the Southeast 1/4 of Section 6, from RUFC to C-2, and the Council having conducted a public hearing with regard to this matter on Monday, January 22, 2001, pursuant to Council Resolution 855- 00, the Council does hereby refer the matter of trash overflows from the existing Fountain View Plaza strip mall to the Administration for its report and recommendation Councilmember Duggan returned to the podium at 9 38 p m On a motion by Laura, seconded by Duggan, and unanimously adopted, it was CR 86-01 WHEREAS, the City Clerk has received an Application for Industrial Facilities Exemption Certificate from Quicken Loans, Inc., dated December 15, 2000, covering new industrial facilities to be located within City of Livonia Industrial Development District No 83, and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed facility is to be located, i e , the City of Livonia, and advised each of them that the said Application has been received, and WHEREAS, the City Council has afforded Quicken Loans, Inc., the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this Application and said hearing having in fact been conducted at 7 00 pm , Monday, January 29, 2001, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 32802 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS 1 That the City Council, on the basis of the information received from the applicant, Quicken Loans, Inc., finds and determines. (a) that the granting of this industrial facilities exemption certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the facility is to be located, and (b) the applicant has fully complied with the requirements of Section 9, Act No 198, P.A. 1974, as amended 2 That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Quicken Loans, Inc. covering new industrial facilities to be located within the City of Livonia Industrial Development District No 83 for 3 years after completion of construction 3 That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a letter of agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City upon approval of an Industrial Facility Exemption Certificate, the Council hereby authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for industrial facility exemption certificates On a motion by Engebretson, seconded by Pastor, and unanimously adopted, it was CR 87-01 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the agenda Councilmember Walsh gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 230 OF TITLE 5, CHAPTER 84 (TAXICABS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk, and is the same as if word for word repeated herein 32803 Councilmember Walsh invoked the Emergency Clause and gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: Engebretson, Vandersloot, Walsh, Pastor, Duggan, Laura and Brosnan NAYS None The President declared the foregoing Ordinance duly adopted, and would become effective on publication There was no audience communication at the end of the meeting On a motion by Duggan, seconded by Engebretson, and unanimously adopted, this 11434th Regular Meeting of the Council of the City of Livonia was adjourned at 9 41 p m , February 7, 2001 san McCotter, City Clerk him